Want to know whether a particular relation comes under degree of prohibation or sapinda relationship
plaban
(Querist) 13 February 2014
This query is : Resolved
Repected sir/madam,
I am a boy and i am in deep love with a girl who is "MY MOTHER MOTHER'S BROTHER'S DAUGHTER" . We both love each other very much and are amongst the rarest of cast with very limited population where each and everybody of this cast are of same gotra, so in our cast it obvious that marriage do occur between individual of same gotras only.
But my main question is whether THIS ABOVE STATED RELATION COMED UNDER DEGREE OF PROHIBITION ACORIDING TO HINDU MARRIAGE ACT.
Eagerly waiting for ur valued opinion sir/mam
With regards
Virat
Guest
(Expert) 13 February 2014
@Author Consult Your Family Elders
plaban
(Querist) 13 February 2014
Sir , as i already stated that our entire cast is of same gotra so our cast constraints marriage within same gotra and community western part of odisa easily allow such related marriages bt.not that aquainted in eastern part.
Sir i juszz want to know what hindu marriage law states based to which i can convience my elders.
No negative track to b taken or can thought of to take sir.
I juszz want to know whether this
Relation fall within degree of probition.
So that i can approach to elders with bit comfidence.
Allthough no mater what law says i would b approaching to elder for sure bt. Still
Rajendra K Goyal
(Expert) 13 February 2014
The respective provisions of Hindu Marriage act are as under:
Section 3 (f):
i. "Sapinda relationship" with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation;
ii. Two persons are said to "sapindas" of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them;8
Section 3 (g):
"degrees of prohibited relationship" - two persons are said to be within the "degrees of prohibited relationship" -
i. if one is a lineal ascendant of the other; or
ii.if one was the wife or husband of a lineal ascendant or descendant of the other; or
iii. if one was the wife of the brother or the father's or mother's brother or of the grandfather's or grandmother's brother of the other; or
iv. if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters;
section 5(v), which states that if the Hindu bride and the Hindu groom are "sapindas" of each other, the marriage between the two cannot be solemnized by law and will be legally void.
plaban
(Querist) 13 February 2014
Bt. sir i didnt actual understand and bit confused what law says i hav gone through it closely before bt.its bit complicated for me sir..
So its a humble request to u sir that to can u pls tell me whether my case precisely falls under degree of prohibition.
Its a request
plaban
(Querist) 13 February 2014
And one thing i want to add up respected experts She is not my real aunt at any circumstances
Sudhir Kumar, Advocate
(Expert) 14 February 2014
it is not only law rather morality is also complicated for you.
your plan is illegal and immoral.
plaban
(Querist) 14 February 2014
Thanks for valuable comments sir....
Bt.we both love each other and such marriages are very easily solemnised in western part of odissa where boy could easily marry even his father sister daughter and our cast comprises of only single gotra so in our cast marriage are scoped to same gotra only and we belonging to eastern part where such practises are less indulged thats the reason why i was bit confused though i know law is equal to all...
i
Anyways i just wanted to confirm what its legal perspective is and much much thanks respected experts for putting down ur valuable comments.
With regards.
One of ur advice seekers
plaban
(Querist) 14 February 2014
Thanks for valuable comments sir....
Bt.we both love each other and such marriages are very easily solemnised in western part of odissa where boy could easily marry even his father sister daughter and our cast comprises of only single gotra so in our cast marriage are scoped to same gotra only and we belonging to eastern part where such practises are less indulged thats the reason why i was bit confused though i know law is equal to all...
i
Anyways i just wanted to confirm what its legal perspective is and much much thanks respected experts for putting down ur valuable comments.
With regards.
One of ur advice seekers
ajay sethi
(Expert) 14 February 2014
you want to marry your mother first cousin . she is your aunt . you cant marry her as it would come within prohibited degree of relation ship
V R SHROFF
(Expert) 14 February 2014
Sapinda relations/ Prohibited relationship
Marriages are voidable.
At the same time there exists Lakhs of such marriages in India, and also Hindus NRI
They lives lifetime, no one stopped their marital relations or declared void, to my knowledge. They have children, accepted by Society..
They did not face any problem to my knowledge.
Few parts of India, it is recognised, As customary.
Guest
(Expert) 14 February 2014
@ Author when Civilization,Traditions,Moral Ethics are ignored then why to worry
plaban
(Querist) 14 February 2014
Fact is not wory sir, fact is i jusz want to know its law perspective......
Its is ignored in western odissa custom bt.me myself is from eastern where such practise are not that familarised.
Nyways a humble thanks to all respected experts who put in there valuable time.
ajay sethi
(Expert) 14 February 2014
thanks for your appreciation
T. Kalaiselvan, Advocate
(Expert) 15 February 2014
As rightly pointed out by expert Mr. Ajay Sethi, she is your mother's cousin, thereby maternal aunt to you, now you decide about proceeding with your proposed marriage with her(?) Even in most of the cultured societies marriages between such prohibited relationships are going on with the knowledge and acceptance of elders of such societies. Hence if there is no objection and marriages between such prohibitory relationships have been customary and being accepted, go ahead.
plaban
(Querist) 20 February 2014
Thanks kalaiselvan sir.....
